Union- State Relations
Legislative Relations
The Indian Constitution has established a federal polity. It has laid down a clear detailed division of
powers between the Union Government and the State Governments. The constitution contains
various provisions to regulate the legislative, administrative and financial relations between the
Centre and the States. Article 245 to 255 in Part XI of the Constitution spell out legislative relations
between the Centre and the States. The seventh Schedule of the Constitution contains the allocation
of powers and functions between the Centre and the states. It has three lists. They are –
(1) Union List- The Union Government has an exclusive power to make legislations on the
matters included in the Union List which contains 97 subjects including External Affairs,
Defense, Communications, Civil Aviation, Railways, Banking, Currency, Insurance, etc.
(2) State List- The State Legislatures have exclusive powers to make legislation on the matters
incorporated in the State List which contains 66 subjects including Law and Order, Police,
Agriculture, Land Revenue, Local Government, Public health, etc.
(3) Concurrent List- The Concurrent List contains 47 subjects. Both the Centre and the states can
make legislations on the subjects included in the Concurrent List. However, in case a conflict
between a Union Law and the state law on a subject incorporated in the Concurrent List,
Union law prevails over state law.
(4) Residuary powers- Article 248 of the Indian Constitution deals with the residuary powers of
legislation which is given to the Union government. The Parliament can make legislation on
any subject not included in any of the above three lists.
Center’s Control and Supremacy over State Legislation
The Constitution of India empowered the Union government to extend its authority over to the
subjects incorporated in the State list under in an emergency and under certain exceptional
situations.
(a) Article 249 of the Constitution, the Rajya Sabha, on nation’s interests, can pass a resolution
by a majority of 2/3 of its member requesting Parliament to make legislation on State
subjects. Such law made by Parliament continue in operation for one year or more, if
required.
(b) Article 250 of the constitution empowers the Parliament to make laws on any State List
subjects during the National emergency. However, the Parliament’s laws under this provision
ceases to operate on the expiration of six months of the emergency.
(c) As per Article 252 of Indian Constitution, if two or more state legislatures request Union
Parliament through a resolution to make law on a particular subject mentioned in the state
list, which is useful for states, the Parliament makes such laws.
(d) Article 253 of India’s constitution authorizes the Parliament to make law for the whole or any
part of India’s territory for implementing any treaty, International Agreement or Convention
with foreign countries.
(e) During the proclamation of President’s Rule in a state under Article 356 of the Indian
Constitution, the Union Parliament can make laws over the subjects included in the State
List.
Besides the provision mentioned above, the Centre exercises control over
State Legislation. Article 200 of India’s Constitution deals with the governor’s powers to give
assent to the bills passed by the State legislatures. The President can direct the states to
reserve money bills and other financial Bills passed by the State legislature for his
consideration during national emergency. Under the same Article, the Constitution
empowers the governor to reserve a bill for the President’s consideration. This is a significant
discretionary power of the governor to ensure that the state’s laws fall within the
Constitution larger ambit. Contrary to reality, it’s a procedure misused to water down a bill
legitimately passed by the state legislature.
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